General Terms for Drivers

These General Terms for Drivers ("Driver Terms") set out the legal agreement for each transportation provider (“you, your” or known collectively as “drivers”) governing the use of certain Hopp UK owned or licensed software and provision of Journeys.

1. HOPP UK

1.1 The Driver Terms are a legally binding agreement under which you:

• 1.1.1 are granted a licence to use Hopp UK’s driver application ("Driver App"), the website at gethopp.com (“Website”) and proprietary software (together, the “Software”); and
• 1.1.2 agree to provide transportation services to members of the public requesting such services through the Hopp UK passenger application ("Passengers").

1.2 These Driver Terms apply between you and:

• 1.2.1 Hopp Operations UK Limited (Companies House registration number: 11063356) ("Hopp UK") in relation to the provision of the Software and the Software Services (as defined in clause 2.1 below); and
• 1.2.2 Billify OÜ a corporation organized and existing under the laws of Estonia, having its registered office in Vana-Lõuna 39/1, Tallinn 10134, Estonia ("Billify OÜ") in relation to the payment services relating to the Software Services (as defined in clause 2.1 below),

from such time as you submit your application to register with Hopp UK.

2. HOPP UK services

2.1 Hopp UK and its licensors provide a digital marketplace, accessed via the Driver App and the Hopp UK passenger application, that allows Hopp UK to accept requests from Passengers for transport services and then make these requests available, through the Driver App, to drivers to select to fulfil such requests directly with the Passengers (together, the "Software Services").

2.2 Hopp UK and its licensors agree to provide the Software and Software Services to you free of charge, for use in accordance with these Driver Terms. The transportation services that you provide to Passengers through the Software Services shall be referred to in these Driver Terms as "Journeys".

2.3 Hopp UK does not provide Journeys. The Journeys are solely provided by you - as an independent business – to the Passenger. As such, you may provide passenger transport services independently from this agreement, including using other software services.

2.4 You are responsible for providing all equipment necessary to perform the Journeys, at your own expense. This includes costs such as the vehicle, fuel, tolls and depreciation of the vehicle.

2.5 Hopp UK’s provision for the invitation or acceptance, of Journeys is made under Hopp Operations UK Limited’s PHV Operator’s Licence number [ ], issued by Transport for London, in accordance with the Private Hire Vehicles (London) Act 1998 and elsewhere by Local Authorities in accordance with the Local Government (Miscellaneous Provisions) Act 1976 ("Operating Licence").

3. Applying to use the driver app

3.1 Prior to downloading the Driver App you must apply to register with Hopp UK. As part of the registration process, you will need to supply Hopp UK with information about yourself, your licence, your vehicle (including insurance) and other information requested by Hopp UK. This may include a medical certificate, topographical test certificate and any relevant English language test certificate in order to assess your suitability to use the Driver App. We may verify this information with third party providers.

3.2 You will be asked to select a user name and password when registering. These details are personal to you and are not transferable, without the express written consent of Hopp UK. The user name and password are the methods used by Hopp UK to identify users of the Software Services and so are very important.

3.3 By submitting your account application, you represent and warrant that:

• 3.3.1 you can legally enter into an agreement with Hopp UK to use the Software Services;
• 3.3.2 you have carefully studied, fully understand and agree to be bound by these Driver Terms, including all the obligations imposed on you by these Driver Terms;
• 3.3.3 all the information presented to Hopp UK is, and shall continue to be, accurate, correct and complete;
• 3.3.4 once you have an account to use the Software Services, you will not authorise any other person to use your account nor transfer it to any other person, without the express written consent of Hopp UK;
• 3.3.5 you will not use the Software for unauthorised or unlawful purposes or impair the proper operation of the Software;
• 3.3.6 you will not copy or distribute the Software or other Hopp UK content without the prior written permission from Hopp UK;
• 3.3.7 you have, and will continue to have, the right to work in the United Kingdom (including holding a valid National Insurance Number);
• 3.3.8 you have, and will continue to have, all the necessary permits, licences (including a private vehicle hire licence), insurances and authorisations to provide the Journeys under these Driver Terms;
• 3.3.9 you will, at all times while providing Journeys, have valid hire and reward insurance, liability insurance (if applicable) and any other insurance that is required in the applicable jurisdiction for providing passenger transportation services;
• 3.3.10 you are, and will at all times be, medically fit to operate a motor vehicle and shall not engage in reckless behaviour while driving, including by driving unsafely, operating a vehicle that is unsafe to drive, permitting an unauthorised third party to accompany you in the vehicle while providing Journeys, providing Journeys while under the influence of alcohol or drugs, or taking action that harms or threatens to harm the safety of Passengers or third parties;
• 3.3.11 you agree with the Hopp Privacy Policy available from the Website (https://gethopp.com/legal/privacy-for-drivers); and
• 3.3.12 you agree to comply with the Hopp UK Code of Conduct available on the Website.
• 3.3.13 you understand that we will provide information regarding you, your Driver account, and your trip history to law enforcement as required in cooperation with investigations.

3.4 After submitting the account application, you will receive an e-mail with additional conditions that must be met in order to use the Software. These conditions shall include owning a GPS-supporting mobile device, having the right to use a motor vehicle and not having a criminal record and may include completing a Software introductory course, driver training and other conditions as determined by Hopp UK.

3.5 Hopp UK will review your application and may approve you to be a driver associated with Hopp UK if you meet the necessary criteria.

3.6 Hopp UK will continually monitor your compliance with these Driver Terms, including by verifying your licences, insurances and information. You agree to:

• 3.6.1 co-operate with Hopp UK and provide any further documents or information requested in order for Hopp UK to conduct such checks; and
• 3.6.2 promptly disclose to Hopp UK if there has been any material change in your circumstances that relate to your ability, fitness or legal entitlement to offer or perform Journeys or ability to comply with these Driver Terms. For the avoidance of doubt, but without limitation, this will include any revocation of your driver’s licence, refusal of insurance, changes to your eligibility for a private vehicle hire licence, and criminal charges or convictions.
  

3.7 Where you fail to comply with any of the requirements and/or conditions set out in these Driver Terms, Hopp UK will be entitled to immediately terminate these Driver Terms with you, in which case you will no longer be permitted to use the Software.

4. HOPP UK driver app

4.1 Once approved to use the Driver App, Hopp UK will send you details of how to download and set up the Driver App as well as a personal account which can be used to access the Software.

4.2 As long as you comply with these Driver Terms, Hopp UK agrees to allow you to access and use the Software Services in accordance with these Driver Terms, Hopp Privacy Policy and the applicable app-store terms (incorporated into these Driver Terms by reference). You may not transfer or sub-license this right to use the Software Services.

4.3 In order to use the Software, you must access your personal account in the Driver App using the user name and password you selected during registration and update your account information. You warrant that you will keep this account profile up to date at all times.

4.4 Hopp UK will use the Driver App to communicate with you in relation to possible Journeys required around your current location and also to remind you of various road rules, send you messages and restrict pick-up areas as per your licence jurisdiction. The Driver App is the only way in which you:

• 4.4.1 can agree to fulfil an allocated Journey booking with a Passenger and record and process the Journeys performed through the Software; and
• 4.4.2 may contact a Passenger who is the receiver of the Journey you have agreed to fulfil. You must not contact, through the Driver App or by any other communication method, any Passenger to find out the destination of their requested Journey.

4.5 Hopp UK will have the sole authority under its Operating Licence to make provision for the invitation or acceptance of, or to accept Journey requests from Passengers (through the Hopp UK passenger application). Once Hopp UK has accepted a Journey request from a Passenger, Hopp UK will then allocate this Journey booking to the closest driver (geographically) to the Passenger to fulfil through the Driver App. If the closest driver does not acknowledge the booking allocation within a set timeframe or declines to fulfil the Journey booking, the booking will then be re-allocated to the next closest driver (and so on). It will be up to Hopp UK to terminate an accepted private hire booking for a Journey with a Passenger if it cannot successfully allocate a driver to the relevant Journey. Once you have accepted the allocation of the booking through the Driver App, all the relevant Journey information will appear in your Driver App, including the details of the Passenger and the Journey starting point.

4.6 In order to prioritise driver safety, we may (at our discretion) limit your access to the Driver App where you have been providing Journeys for long periods.

4.7 If we are made aware that your behaviour has deviated from our Driver terms, Code of Conduct, or that you are under investigation for a criminal offence, we reserve the right to take action by revoking your access to your Driver account indefinitely or until we see fit.

4.8 Hopp UK will, at all times, retain control and management of the Software Services (including dispatch services) in order to:

• 4.8.1 accept and manage Journey bookings as set out in these Driver Terms;
• 4.8.2 control driver and vehicle profiles;
  
• 4.8.3 monitor, on screen, the location, status and Journey details of all vehicles using the Software Services at any given time;
• 4.8.4 provide support services in respect of dispatching;
• 4.8.5 report on the Journeys;
• 4.8.6 reject certain Passengers if their accounts are in arrears; and
• 4.8.7 address complaints and lost property issues including liaison with local law enforcement.

4.9 You are responsible for all information posted on, and use of, the Software, by anyone using your user name and password. If you suspect that your user name or password have been copied or stolen, you must notify Hopp UK immediately.

4.10 All intellectual property rights in the Software, its content and any related documentation existing anywhere in the world belong to Hopp UK or its licensors (and are protected by copyright and/or trade secret laws and other international treaty provisions) and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without Hopp UK’s prior written consent. You will not have any rights of ownership in the Software, its content or any related documents.

5. Support for the driver app

5.1 Hopp UK may provide support services in relation to use of the Driver App on business days from 08:00 – 18:00 GMT+2). The support services consist of in-app messaging and telephone support. Further details can be found at https://gethopp.com/cities/london/. Hopp UK has the right to stop providing the support services at any time, by giving you reasonable notice.

6. Journey bookings

6.1 Hopp UK will accept Passenger requests for Journeys and then prompt you via the Driver App if a relevant Passenger booking has been generated for a Journey in your area when you are available. These Passenger bookings will not be exclusive to you, and will also be offered to other drivers.

6.2 Each Journey booking you choose to fulfil through the Driver App will constitute a separate agreement between you and the applicable Passenger, with such agreement coming into force from the time you agree to undertake the allocated Journey booking made available to you by Hopp UK through the Driver App. You acknowledge that Hopp UK only provides the Software Service to facilitate the making of such subsequent contracts between you, as driver, and the Passenger requesting a Journey.

6.3 Hopp UK does not guarantee that the use of the Software will result in you receiving allocations of bookings for Journeys.

6.4 You are not obliged to accept any allocations of bookings. However, Hopp UK encourages you to keep your profile up to date with when you are and are not available, in order to get relevant requests as this helps Hopp UK to allocate the bookings it has accepted.

6.5 You may cancel an allocated Journey any time before you begin the Journey by informing the Passenger through the Driver App functionality available on the Software Services. However, Hopp UK will monitor the number and frequency of allocated Journeys you cancel and reserves the right to suspend or terminate your access to the Software Services where you repeatedly, or consistently, cancel allocated Journeys.

6.6 As part of the Software Services, Passengers may provide feedback on you and your provision of the Journeys in the form of ratings. These ratings are made available to prospective Passengers as part of Hopp UK’s passenger application. You should contact Hopp UK if you have any issues with the ratings that you are provided with. Hopp UK shall provide you with assistance on the Software Services including steps to consider taking to help you maintain good Passenger feedback and ratings.

7. Your contract with passengers

7.1 Hopp UK expects a high standard of service from drivers. In order to maintain its integrity and reputation, Hopp UK monitors your activity on the Software. In providing the Journeys, we expect that you will:

• 7.1.1 convey the Passenger from their collection point to their point of destination in a reasonably direct and efficient manner, subject to appropriate unforeseen circumstances (such as a mechanical breakdown);
• 7.1.2 comply with all laws and regulations applicable;
• 7.1.3 at all times be medically fit to operate a motor vehicle, including being free from the influence of alcohol or drugs;
• 7.1.4 not engage in reckless behaviour while driving or drive unsafely, including by operating a vehicle that is unsafe or illegal to drive or allowing a third party to operate the vehicle;
• 7.1.5 act in a professional manner in accordance with the business ethics applicable to providing passenger transportation and endeavour to perform the Passenger’s request in the best interest of the Passenger;
• 7.1.6 not carry weapons (or permit weapons in your vehicle), use or encourage violence, racism or discrimination in any form; and
• 7.1.7 have and maintain valid hire and reward insurance, liability insurance (if applicable) and any other insurance that is required in the applicable jurisdiction for providing passenger transportation services.

7.2 You acknowledge that Hopp UK has no control over the Passenger. Hopp UK shall have no responsibility or liability with respect to how (or whether) the Passenger uses your Journeys, including delays or damage to person or property.

7.3 You commit to report to us any event our of the ordinary which occurs during the Journey. Hopp UK shall keep record of all our customer bookings, complaints and lost property for purpose and use as elaborated in our Hopp Privacy Policy.

8. Identification of passengers

8.1 Before starting a Journey, you must verify that you are providing the Journey to the Passenger shown in the Driver App (or that the Passenger has expressly confirmed that they allow the passenger to ride under their account).

8.2 If you have made a mistake in identifying the Passenger, and the Fare is charged to a person who has not been provided or has not approved the Journey, Hopp UK shall reimburse the Passenger for the Fare paid. In such case, you shall not be entitled to receive the Fare for the relevant Journey from Hopp UK. For the avoidance of doubt, the Commission for that Journey will still be payable.

9. BILLIFY OÜ services

9.1 In order for Hopp UK to provide payment services as part of the Driver App, it contracts with Billify to provide those services. Billify OÜ, or its authorised payment agents (together "Billify"). Billify processes all payments in relation to the Driver App, including invoicing, taking payment from Passengers, reporting on payments, refunding Passengers (where appropriate) and remitting payment to drivers ("Payment Services").

9.2 You acknowledge that all Payment Services in relation to the Driver App will be performed by Billify and not by Hopp UK.

9.3 In exchange for the Payment Services, you agree that Billify may retain a commission fee from any Fare collected in accordance with clause 10, based on each Journey you provide as a result of using the Software ("Commission").

9.4 You can verify the amount of the applicable Commission on the Driver App or the Website by entering your user name and password.

9.5 The Commission amount may change from time to time, but you will be notified prior to any such change. If you do not agree to the change, you must delete the Driver App and Software and stop providing Journeys through the Driver App. Your continued use of the Software after any such change in the Commission shall be taken as your consent to such change.

9.6 Neither Hopp UK or Billify are entitled to fees or commissions you earn by providing any passenger transportation services independently or via another transportation software provider.

10. Fares

10.1 You agree that Billify OÜ is entitled to charge a fare on your behalf (through the Drivers App) for each completed Journey you provide to a Passenger through the Software ("Fare").

10.2 Before accepting an allocation of a Journey booking, you will be provided with an estimated (non-binding) fare for the Journey ("Estimate"). The Estimate will also be provided to the Passenger.

10.3 The actual Fare for each Journey provided by you will be determined by the Software, having regard to the actual journey time, any peak pricing and distance travelled. It is therefore possible that the Fare may be more or less than the Estimate.

10.4 You may complete a Journey by any reasonable route, and Hopp UK does not set any route restrictions. However, we expect that you will provide the Journey in accordance with clause 7.1 and otherwise in accordance with these Driver Terms. Where Hopp UK considers that any Journey you completed did not comply with these Driver Terms, Hopp UK reserves the right to have Billify OÜ set-off any refunds or compensation offered by Hopp UK to the affected Passenger(s) against your portion of the Fare paid by that Passenger.

11. Payment

11.1 All payments for Journeys take place via the Software. You must not ask for, or take, cash payment for completed Journeys.

11.2 Once you end a journey on the Driver App, Billify OÜ shall invoice the Passenger and charge the Passenger’s nominated credit or debit card for the amount of the Fare. Billify OÜ will then create a receipt on your behalf setting out the route, Fare, time and other relevant information relating to that particular Journey.

11.3 The receipt for each Journey will be accessible to you on the Driver App. The receipt will also be forwarded the Passenger.

11.4 Hopp UK (or its authorised payment agent) shall transfer the amounts collected as your Fares less the applicable Commission ("Billify OÜ Payments"), wwhich have been credited to Hopp UK’s (or its authorised payment agent’s) bank account in each week, to your bank account by the 4th day of the following week, but in no case later than within two weeks except where the amount owing is less than £10. Where the amount owing is less than £10, Hopp UK will pay you when the amount owing next exceeds £10 or where this agreement is terminated. Where this agreement is terminated, Hopp UK will pay you whatever amount is owing. The Hopp UK Fee shall be deducted from your Fare. If you request a review of the In-app Payment, then Hopp UK may transfer the amounts collected after it has concluded the review.

11.5 In the event that you dispute the amount of Fares paid to you, Hopp UK may withhold the disputed amounts until the dispute has been resolved.

11.6 You acknowledge that Hopp UK shall not be obliged to pay you the Fare due from a Passenger if the Passenger’s payment failed because the Passenger’s credit card is cancelled or is unsuccessful for reasons not attributable to Hopp UK.

11.7 Your Hopp UK Payment reports will be made available to you in the Driver App on a weekly basis. The reports will show the Fares collected in relation to your Journeys, as well as the amounts of the Commission withheld by Hopp UK.

11.8 Hopp UK and Hopp UK group companies reserve the right to distribute promo code to our Passengers, at our discretion, on a per promotional basis. You are required to accept the use of promo code when the Passenger applies the code in-app to a trip. If the use of promo codes by a Driver is suspected as being fraudulent, illegal, or in conflict with our Terms and Conditions relating to promo code use, then the promo code may be canceled and the outstanding amount will not be reimbursed by Hopp UK to the Driver.

11.9 Subject to clause 11.10 below, please note that Hopp UK is not obliged to pay you the Fare due from a Passenger if the In-app Payment failed because the Passengers credit card or mobile payment is reversed, cancelled or is unsuccessful for reasons not attributable to Hopp UK. If this occurs, we will help you in requesting the Fare due from the Passenger, and we will transmit it to you as set out above. If Hopp UK is unable to collect the Fare, Hopp UK may decide to pay you the full Fare or part of the Fare if Hopp UK considers it is reasonable to do so. In any event, Hopp UK will not pay more than £100.

11.10 You are responsible for the risk of non-payment of Fares for Extensive Journeys. We will help you in requesting the Fare due from the Passenger for an Extensive Journey in the event of non-payment, and we will transmit it to you as set out above if collected. If Hopp UK is unable to collect the Fare for a Extensive Journey from a Passenger after making one attempt to do so, no further payment will be made to you by Hopp UK. In this clause, an Extensive Journey means a Passenger journey in excess of 90 miles in distance or two hours in duration.

12. Reporting misconduct

12.1 Without affecting any of Hopp UK’s other rights under these Driver Terms, where Hopp UK has reasonable grounds to suspect that you have committed, attempted to commit, aided or abetted a crime, it shall take all steps it deems necessary in the circumstances, including reporting your misconduct to the appropriate authorities. You acknowledge that this may include reporting your conduct to the Police, Transport for London or any other relevant authority and providing that agency with your details and/or any relevant information we hold about the circumstances at issue. Where the misconduct relates to fraud, including fraudulent documents, Hopp UK reserves the right to withhold any payments payable to you as a result of fraudulently performing Journeys.

13. Apple App Store Provisions

13.1 This clause 13 applies where the App has been acquired from the Apple App Store.

13.2 In addition to these Driver Terms, you also agree that:

• 13.2.1 the Driver Terms are solely between you, Billify OÜ and Hopp UK, not Apple, Inc. ("Apple“) and that Apple has no responsibility for the Driver App or its content. Your download and use of the Driver App must comply with the Apple App Store Terms of Service;
• 13.2.2 the license granted to you to use the Driver App is limited to a non-transferable license to use the Driver App on the mobile operating system product that you own or control as part of your device and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service;
• 13.2.3 Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Driver App;
• 13.2.4 in the event of any failure of the Driver App to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price (if any) for the Driver App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Driver App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Driver Terms and any law applicable to Hopp UK as provider of the Driver App;
• 13.2.5 Hopp UK, not Apple, are responsible for addressing any claims of yours or any third party relating to the Driver App including, but not limited to: (i) product liability claims; (ii) any claim that the Driver App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, and all such claims are governed solely by the Driver Terms and any law applicable to Hopp UK as provider of the Driver App;
• 13.2.6 in the event of any third-party claim that the Driver App or your possession and use of the Driver App infringes that third party’s intellectual property rights, Hopp UK, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Driver Terms;
• 13.2.7 ou are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country and you are not listed on any U.S. Government list of prohibited or restricted parties;
• 13.2.8 you must comply with any applicable third party terms when using the Driver App; and
• 13.2.9 Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Driver Terms as relates to your license of the Driver App, and that, upon your acceptance of the Driver Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Driver Terms as relates to your license of the App against you as a third-party beneficiary thereof.

13.3 If there is any conflict between these Driver Terms and the Apple App Store terms of service, the Apple App Store Terms of Service shall take priority.

13.4 You may only use the Driver App on any Apple-branded products which you own or control and only as permitted by the usage rules in the Apple App Store terms of service, except that the Driver App may be accessed and used by other accounts associated with you via family sharing (where permitted by the Apple App Store).

14. Google Play Store Provisions

14.1 This clause 14 applies where the Driver App has been acquired from the Google Play Store. In addition to these Driver Terms, you also agree:

• 14.1.1 to comply with any applicable terms of service of the third party provider of your device as well as Google, Inc’s ("Google") Play Store Terms of Service;
• 14.1.2 that Google has no responsibility to undertake, or handle, support and maintenance of the Driver App, and any complaints about your Driver App.
• 14.1.3 Google has no responsibility or liability to you with respect to the Driver App;
• 14.1.4 you acknowledge and agree that Google is a third-party beneficiary to the Driver Terms as it relates to the Driver App; and
• 14.1.5 you must comply with all domestic and international export laws and regulations that apply to you and your use of the Driver App.

15. Your content

15.1 You confirm that any text, images or any other information that you provide to us whilst using the Software Service ("User Content“) will meet the Rules of Acceptable Use (as defined in clause 16 below).

15.2 We do not claim ownership in your User Content and ownership will remain with you (or the relevant third party owner). You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the User Content anywhere and in any form for the purposes of providing the Software Services (including, where applicable, allowing other users to view your User Content).

15.3 You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.

15.4 Our right to use your User Content does not in any way affect your privacy rights. Please see our Hopp Privacy Policy (https://gethopp.com/legal/privacy-for-drivers) which provides information on how we use your personal information.

15.5 The Service makes available third party content, such as User Content. Hopp UK is not responsible for any such content in any way, but may monitor User Content and reject, refuse or delete any User Content where Hopp UK considers that it breaches any of the Rules of Acceptable Use (as defined in clause 16 below).

16. Rules of Acceptable Use

16.1 In addition to the other requirements within these Driver Terms, this section describes specific rules that apply to your use of the Software Services (the "Rules of Acceptable Use“).

16.2 When using the Software Services (including, where relevant, the Journey) you must not:

• 16.2.1 circumvent, disable or otherwise interfere with any security related features of the Software Services;
• 16.2.2 use the Software Service if Hopp UK have suspended or banned you from using it;
• 16.2.3 modify, interfere, intercept, disrupt or hack the Software Services;
• 16.2.4 misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Software Services or any user of the Software Services’ own equipment;
• 16.2.5 collect any data from the Software Services other than in accordance with these Driver Terms;
• 16.2.6 submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
• 16.2.7 submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
• 16.2.8 use any User Content in violation of any licensing terms specified by the owner;
• 16.2.9 submit or contribute any information or commentary about another person without that person’s permission;
• 16.2.10 threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
• 16.2.11 use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the Software Services in a manner that sends more request messages to the Service than a human can reasonably produce in the same period of time.

16.3 Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Driver Terms, and may result in Hopp UK taking all or any of the following actions (with or without notice):

• 16.3.1 immediate, temporary or permanent withdrawal of your right to use the Software Services;
• 16.3.2 immediate, temporary or permanent removal of any User Content;
• 16.3.3 issuing of a warning to you;
• 16.3.4 legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
• 16.3.5 disclosure of such information to law enforcement authorities, proactively or reactively, as Hopp UK reasonably feel is necessary and in conformity with local legislation.

16.4 The responses described in paragraph 16.3 are not limited, and we may take any other action we reasonably deem appropriate.

17. LIABILITY

No Warranties or Liability in relation to Software

17.1 The Software, its content and functionality, are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by law, Hopp UK, its licensors and affiliate companies make no promises, whether express or implied, with respect to the Software, its content or functionality.

17.2 Hopp UK, its licensors and affiliate companies do not make any promise that access to Software will be uninterrupted or error free. To the maximum extent permitted under applicable law, Hopp UK is not liable for the proper functioning of the Software and any loss or damage that may occur to you as a result of your use of the Software.

17.3 To the maximum extent permitted under applicable law, Hopp UK, its licensors and/or any of its affiliate companies, representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with these Driver Terms or as a result of using the Software, including but not limited to:

• 17.3.1 any direct or indirect property damage or monetary loss;
• 17.3.2 loss of profit or anticipated savings;
• 17.3.3 loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
• 17.3.4 loss or inaccuracy of data; and
• 17.3.5 any other type of indirect or consequential loss or damage.

Passengers and the Journeys

17.4 You accept that Hopp UK has no liability in relation to the Journeys other than as expressly provided in these Driver Terms.

17.5 Hopp UK will try to prevent unwelcomed Passengers from using the Software. However, Hopp UK and/or any of its affiliates are not liable for the actions or non-actions of the Passengers or their co-passengers using the Software and/or during any Journeys provided. Hopp UK shall not be liable for any loss or damage that may occur to you as a result of actions or non-actions of the Passengers or their co-passengers.

Driver Terms

17.6 You are fully responsible and liable for any breach of these Driver Terms and/or any other applicable laws or regulations. If Hopp UK or Billify OÜ or any authority notifies you of a breach, you must stop and remedy such breach immediately.

Your indemnity of Hopp UK and Billify OÜ

17.7 You agree to fully indemnify and hold Hopp UK and Billify OÜ, their affiliate companies, licensors, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, penalties, fines, costs and expenses of any nature) that they suffer as a result of your use of the Software and provision of Journeys, including those claims or losses result from:

• 17.7.1 your breach of these Driver Terms or documents incorporated by reference;
• 17.7.2 your violation of any law or the rights of a third party, including, without limitation, Passengers, other motorists, and pedestrians, as a result of your interaction with such third party;
• 17.7.3 any allegation that any materials that you submit to Hopp UK or transmit through the Software infringe or otherwise violate the rights (including intellectual property rights) of any third party;
• 17.7.4 your ownership, use or operation of a motor vehicle or passenger vehicle, including the provision of Journeys; and/or
• 17.7.5 any other activities in connection with the provision of Journeys.

Tax Obligations

17.8 You are solely responsible for any tax obligations (for example, income tax) that you incur as a result of providing the Journeys. You indemnify Hopp UK and Billify OÜ and/or any affiliate companies from all tax liabilities, duties, levies, claims and penalties that may incur as a result of your failure to comply with your tax obligations. If you have any concerns, please seek professional accounting advice.

18. PERSONAL DATA

18.1 Your personal data will be processed in accordance with the Hopp Privacy Policy, available at: https://gethopp.com/legal/privacy-for-drivers

18.2 Hopp UK and Billify OÜ collects personal data as required for the performance of the contract to the extent as required by legitimate interest as necessary to enable the intended functioning of the Software, providing the Software Services and ensuring regulatory and legal compliance (including, sending information about you and the Journeys you have provided to Transport for London and reporting, at our discretion, information about you or trips you have taken to law enforcement officials). For more details on data collection and storage, please refer to our Hopp Privacy Policy: https://gethopp.com/legal/privacy-for-drivers.

18.3 Hopp UK and Billify OÜ processes personal data relating to you and the Passengers. You are an authorised processor who processes personal data at the request of Hopp UK. The procedure, manner of and conditions for processing personal data are provided at the Website (https://gethopp.com/legal/privacy-for-drivers).

18.4 You shall process the personal data only in accordance with the Hopp Privacy Policy available at the Website (https://gethopp.com/legal/privacy-for-drivers). You shall not process the personal data of the Passengers without the permission of Hopp UK.

18.5 You shall not contact any Passenger or collect, record, store, grant access, use or cross-use the personal data provided by the Passengers or made accessible by the Software for any reason other than for the purposes of fulfilling the Passengers Journey request made via the Software. All communication with the Passenger will be strictly between the Passenger and Hopp UK, unless communication is initiated at the Passengers direct request.

19. Term and termination

19.1 TThese Driver Terms are effective upon your submission of your application to register with Hopp UK and will continue in full force and effect until terminated by either party in accordance with these Driver Terms.

19.2 You may terminate this agreement at any time by giving Hopp UK 7 (seven) days’ notice in writing. Upon termination of the agreement, the license granted is automatically revoked and you must immediately cease use of the Driver App.

19.3 Unless otherwise set out in these Driver Terms, Hopp UK or Billify OÜ may terminate this agreement at any time by giving you at least 3 (three) days’ notice in writing.

19.4 Hopp UK is also entitled to immediately terminate this agreement and block your access to the Software (including preventing you from registering a new account) without giving any advance notice if:

• 19.4.1 you are in of breach of these Driver Terms and/or any applicable laws or regulations; or
• 19.4.2 you provide poor service (as evidenced by Passenger complaints and/or ratings) and such poor service standards would, in Hopp UK’s reasonable opinion, bring Hopp UK, Billify OÜ and/or the Software into disrepute.

19.5 Upon termination of this agreement for any reason all rights granted to you under these Driver Terms shall cease and you must cease all activities authorised by these Driver Terms. At such time, you must delete or remove the Software from your device. Clauses 4.9, 9, 11, 12.1, 15.2, 19.5 and 20 of these Driver Terms shall survive any termination or expiry of these terms.

20. GENERAL

20.1 Applicable law:

• 20.1.1 These Driver Terms shall be governed by, and construed and enforced in accordance with the laws of England and Wales.
• 20.1.2 Any dispute that may arise in connection with these Driver Terms, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise (and including non-contractual disputes), shall be settled by way of negotiations wherever possible. If the respective dispute resulting from these Driver Terms could not be settled through such negotiations, then the dispute will be finally resolved in the courts of England.

20.2 Assignment:

• 20.2.1 You may not assign these Driver Terms or any of the rights or obligations under these Driver Terms.
• 20.2.2 You agree that in specific cities or countries Hopp UK or Billify OÜ may assign any of its obligations arising under these Driver Terms to any entity that is directly or indirectly under the control of Hopp UK and/or Billify OÜ ("affiliate company").

20.3 Notice: Any notice required to be given to you by Hopp UK or Billify OÜ will be delivered to the email address associated with your account, sent by registered mail to the address associated with your account, or sent via the Driver App. Any notice required to be given by you to Hopp UK or Billify OÜ should be delivered using the Driver App, registered mail to Hopp UK’s registered office or by email to the email address on the Website.

20.4 Enforceability and waiver: If any provision of these Driver Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Driver Terms shall not be deemed a waiver of such term.

20.5 Changes to these Driver Terms:

• 20.5.1 Hopp UK may change these Driver Terms at any time by giving you at least fourteen (14) days’ prior notice and posting a revised version on the Website. Hopp UK commits to informing Transport for London of any significant changes we make to the way
• 20.5.2 Any change shall come into effect and be deemed accepted by you if you continue to use the Software after the expiry of the notice period above.